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What can you do when mediation is not working?

On behalf of Clark Law PLLC on Wednesday, June 26, 2019.

Family law disputes are complex matters that can be stressful and difficult to resolve. The implications for these issues are significant – they can impact your family for years to come. You understand why it's important to reach a beneficial resolution to these types of issues, and for this reason, you may prefer to opt for mediation rather than litigation.

Mediation allows two opposing parties to resolve their disputes in a respectful, calm environment. With the help of a neutral third-party, you and your spouse can work through issues related to child custody, visitation, property division, financial support and more. This is a beneficial option because it saves time, money and stress – but it doesn't work in every situation. Some New Hampshire couples find that mediation does not actually work for them.

Signs you may need a new start

Every situation is different. While mediation worked for others, that doesn't necessarily mean that it will work for you or that it will lead to the best results for your individual circumstances. In order to mediate, both parties do not have to get along or like each other, but they do have to be willing to discuss, negotiate and work through things.

When you started the mediation process, things looked promising, but now you may not be so sure. Some signs that you may need another route can include:

You and the other party are talking about the same things repeatedly without reaching an actual solution.

The other party is vindictive or personally attacking you instead of focusing on positive resolutions.

The discussions keep leading to areas that do not pertain to any divorce-related matter.

There is a difference between mediation not being an effective problem-solving tool for the unique situation and one party being unwilling to submit to the requirements of mediation. If it is clear that your discussions are not getting you any closer to a final resolution, you may consider stopping mediation and heading to court.

Fighting for the outcome you deserve

Whether it is mediation or in the courtroom, you have the right to fight for a reasonable, fair and sustainable outcome to your divorce concerns. You may want to speak with a New Hampshire attorney about what to expect from mediation and how you can protect your rights before you move forward or make any important decisions that will impact your future.

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